SOL-Part II - Nakamura.doc

PART II - CONTRACT CLAUSES

Purpose of this Contract

1.1 The purpose of this contract is to obtain operations & mechanical maintenance services required at the William K. Nakamura U.S. Courthouse located in Seattle, Washington.

Indefinite Delivery/Indefinite Quantity Contract

2.1 This contract does not procure a firm quantity of services other than the services included in the monthly price but provides the ability to procure additional services through the issuance of task orders during the contract period. It is considered an evolving document in which contractors, requirements and/or services can be added on a routine basis.

2.2 The Government reserves the right to obtain required services using other procurement methods.

Task Order Procedures

3.1 All requests for additional reimbursable work and task assignments will be initiated by the Property Manager (PM) and/or Contracting Officer’s Representative (COR).

Performance Plan

4.1 The Performance Plan submitted as part of the proposal (including clarifications and discussions), shall become the basis for contract management, performance and administration. The contract work statement is performance based with the Government describing what shall be accomplished. The performance plan describes the Contractor’s approach for whom, how and when the work is to be performed. The plan is considered the Contractor’s approach, and shall not commit the Government to specific levels of staffing, means or methods. Changes necessary for achieving the contract performance work statement requirements shall be the responsibility of the Contractor.

Performance Incentives

5.1.

Detailed below is a list of the performance incentives which can be incorporated into the contract:

a.

Contractor recognition through our nomination and sponsorship for various industry awards, organizational newsletters, official written recognition of performance, and other public recognition programs.

b.

Reduced level of inspection and oversight (i.e. quarterly versus weekly or monthly) resulting in Contractor savings related to less staff time committed to contract administration.

c.

Establishing contract options that can be exercised based on a Contractors’ performance (i.e. – excellent performance will result in exercise of an option for the maximum period of time).

The Role of Government Personnel and Responsibility for Contract Administration

6.1 The Contracting Officer (CO) has the overall responsibility for the administration of this contract. She/he alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, she/he may delegate certain other responsibilities to her/his authorized representatives.

6.2 The individual designated as the Contracting Officer's Representative (COR) shall assist in the discharge of responsibilities when the Contracting Officer is unable to be directly in touch with the contract work. The responsibilities of the Contracting Officer's Representative include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site; ensuring compliance with contract requirements insofar as the work is concerned; and advising the Contracting Officer of any factors which may cause delay in performance of the work. The Regional Quality Assurance Program will executed by the COR monthly or interval determined by CO.

6.3 The Contracting Officer’s Technical Representative (COTR) is responsible to attend post-award orientation conference, provide technical direction within the scope and limitations provided in the contract documents, inspect and evaluate the work performed in the contract, assist the Contractor in interpreting technical requirements and in obtaining other technical assistance as may be necessary and appropriate, advise the Contracting Officer Representative and Contracting Officer as difficulties or situations arise which may disrupt or hinder performance and assist in the review of the Performance Plan/Quality Control Plan submitted by the Contractor. The Regional Office Operations and Maintenance (O & M) Team will review operations and administrative performance at least annually.

6.4 Individuals will no longer be identified in contracts. All changes to the individual(s) designated in the role of Contracting Officer, Contracting Officer’s Representative, and/or Contracting Officer’s Technical Representative will be issued by a letter to the Contractor, identifying the new name, address and phone number, with copies to the official contract file and to the person who has been appointed.

Appointment of Ordering Officer(s)

7.1.

The following activity or individual(s) is/are designated as authorized Ordering Officer(s):

Name(s):

Activity:

TO BE DETERMINED AT TIME OF AWARD

Address:

Phone:

If there is a dollar limitation for the above Ordering Officer(s), the Administrative Contracting Officer (ACO) shall be the Ordering Officer for Delivery Orders greater than the limitation. The ACO may be the Ordering Officer for Delivery Orders less than the limitation, if necessary.

7.2 The above activity or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to task orders, but only within the scope of his contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the ACO for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the ACO.

Contract Administration & Performance Measurement

8.1 Our organization is in the process of implementing a revised cradle-to-grave contract administration program with a focus on standardized performance measurement and reporting. Task orders issued under this contract will become part of this program.

Insurance Requirements

9.1 Evidence of insurance is to be provided to the address below before notice to proceed on contract can be issued:

General Services Administration

Attn: Barbara Roberson PBS, Property Development Division

Facilities Operations Services Branch

O & M Team (10PCS)

400 15th Street SW

Auburn, WA 98001-6599 a.

Worker's Compensation and Employer's Liability:

The Contractor is required to comply with applicable Federal and State Worker's compensation and occupational disease statutes; however, notwithstanding the permissibility of deductibles under those statutes, occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least $100,000 for each accident shall be required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

Even though the laws of a State might allow a Contractor to be a non‑subscriber to worker's compensation, the Contractor is required to carry and maintain worker's compensation insurance (without any deductibles) and employer's liability insurance. If occupational diseases are not covered under the worker's compensation policy, it shall be covered under the employer's liability section of the insurance policy.

Employer's liability insurance coverage shall be as specified in paragraph “a” above.

b.

General Liability Insurance:

General Liability insurance coverage written on the comprehensive form of policy is required in the amount of $500,000 per occurrence for bodily injury, $50,000 per occurrence for property damage.

Recording Presence

10.1 Each contract and subcontractor employee must sign‑in when reporting for duty and sign‑out when leaving at the end of the workday. GSA Form 139 (Record of Time of Arrival and Departure from Building) designated for use by Contractor and Subcontractor personnel only, shall be used for this purpose.

Suitability Determinations/Identification Credential A. Suitability Determinations

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

(c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination. Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f)The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

B. Compliance with Security Requirements

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

C. Identification Credential

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the bulding(s) where work is being performed.

(d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the bulding(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

D. Removal From Contract Work

(a) As provided in the clause entitled, “Qualifications of Employees”, the contracting officer or a designated representative may require the contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the government’s sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the government may insist on the employee’s removal from the work site and from other work in connection with the contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed.

E. Sensitive But Unclassified (SBU) Building Information

Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy of which will be made available upon request.

Security Clearance Requirements (Non-Classified Contract)

12.1 The prime contractor shall be solely responsible for all security clearance applications (training and coordinating the security packets of all employees including subcontractors). Unless otherwise specified, the prime contractor shall submit complete packages of all completed forms to the GSA Security Point of Contact (POC) no less than six weeks before the starting date. The complete security packets shall including the following forms: one (1) Standard Form 85P, Questionnaire for Public Trust Position; one (1) Standard Form 86A, Continuation Sheet for SF 85P, SF 85, and SF 86 (if needed), two (2) sets completed Form FD‑258, Fingerprinting Print Cards; and one (1) ICE/GSA Contractor Information Worksheet. The fingerprint cards (FD 258) must be stamped, “Federal Protective Service’s (DHS) ORI.” These Government furnished forms will be submitted for new and replacement employees before entrance on duty. The Contractor shall be responsible for all cost associated with security clearance requirements.

12.2 Contract employees that fail to submit all the required documents and are found working at a GSA facility, will be immediately removed from the facility until all of the required documents have been submitted.

12.3 Department of Homeland Security (DHS) will conduct a name check utilizing the National Crime Information Center (NCIC) to determine the existence of a criminal record no later than three (3) working days after receipt of the required forms. If no negative information is received, the COR will be advised that the contract employee has received a “Suitable” Notice of Initial Adjudication (NIA). The COR will notify the contractor the employee is allowed to work the contract. However, this check does not necessarily mean there is absolutely no criminal history record on the individual. The FD 258 fingerprint card findings will substantiate the Notice of Final Adjudication determination.

12.4 The contract employee may start work on a GSA contract while awaiting NIA clearance if escorted (see definition below) or their work is limited to public areas and normal public access times. Until a “Suitable” NIA determination has been made, the contract employee must submit to the security check access procedure that is in place at the facility where the employee is working. GSA will not provide the employee with an access badge, until the “Suitable” NIA has been received.

12.5 If DHS personnel receive evidence of disqualifying criminal history information, they will immediately advise the COR that the employee has received an “Unsuitable” NIA. The COR will advise the contract employer that the employee is “Unsuitable” and a Notice of Final Adjudication determination must be rendered. Until that check is completed, the individual in question will not be allowed access in the Federal building as a GSA contract employee.

12.6 A person who receives an “Unfavorable” Notice of Final Adjudication determination will be provided a reasonable time (30 days) challenge the accuracy of the information contained in the FBI criminal history records; past employment history and/or State criminal history repositories; or to provide additional facts, proof and supporting documents outlining any mitigating circumstances affecting any information maintained in the criminal history records.

12.7 All contract employees that receive a “Favorable” Notice of Final Adjudication receive a clearance valid for five (5) years from the Notice of Final Adjudication date. Contract employees cleared through this process while employed by a contractor who is subsequently replaced by another contractor shall only be required to submit another set of clearance forms if the employee has not been cleared within the last five years, or if required by the Contracting Officer's Representative.

12.8 In emergency situations, such as when a replacement is needed for a long-term contract employee, due to illness or other unforeseen events, a substitute contract employee may be granted access to the facility. The Property Manager must ensure that the employee is escorted while they are performing their assigned contract duties or their work is limited to public areas and normal public access times, until the new employee has received a “Suitable” NIA clearance.

12.9 Escort personnel must be one of the following:

· DHS Personnel

· Other PBS Personnel

· Contract Security Personnel

· Tenant Agency Personnel

· Other Contract Worker with DHS Clearance

No contract applicant will be cleared or granted access for work in judicial offices if they have been convicted of a felony.

Suspension of Work

13.1 In the event services are not provided or required by the Government because the building is closed due to inclement weather, failure of the Congress to appropriate funds, etc., deductions will be computed as follows: (a) The deduction rate in dollars per day will be equal to the per month contract price for the building, divided by 21 days per month; (b) The deduction rate in dollars per day multiplied by the number of days services were not provided or required. In the event services are provided for portions of days, appropriate adjustments will be made by the Contracting Officer to assure the contractor is compensated for services provided.

Copies of the Contractor's Payrolls

14.1 Upon request in writing by the Contracting Officer, the Contractor shall within five working days, furnish a certified copy of the last payroll prior to date of said request. This payroll shall reflect payments for all Contractors’ employees working under this contract during the payroll period. The Contracting Officer may request copies of any or all payrolls during the life of the contract.

Discrepancy in the Specifications

15.1 In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy, shall not be adjusted by the Contractor, save only at his own risk and expense. The decision of the Contracting Officer as to the proper interpretation of the specifications shall be final and conclusive on the parties hereto subject only to appeal as provided in the "Disputes" clause of this contract.

Ordinances, Taxes, Permits and Licenses

16.1 Without additional expense to the Government, the Contractor shall fully comply with: (a) all local, city, state and federal laws, regulations and ordinances, (b) be liable for all applicable federal, state and local taxes and (c) obtain and pay for all permits and licenses governing performance under the contract.

Payment of Postage, Fees and Marking

17.1 All postage and fees related to submitting information forms, reports, etc., to the Contracting Officer or the Contracting Officer’s Representative (COR) shall be paid by the Contractor. All information submitted to the Contracting Officer or the COR shall clearly indicate the Contract Number of the contract for which the information is being submitted.

Standards of Conduct

18.1 The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. The CO, or his authorized representative (COR), may require dismissal from work any employee who is deemed incompetent or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility or its population.

Other Contractors 19.1 The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act, which will interfere with the performance of work by another Contractor, or by Government employees.

Withholding Payment for Non-Submission of Performance Plan 20.1 If the Contractor fails to submit an acceptable performance plan by the contract performance date or an extension granted by the Contracting Officer or his/her designated representative, all payments will be withheld until the plan is received and approved by the Government.

Asbestos and Bloodborne Pathogens Awareness 21.1 The Contractor shall be informed of the presence of asbestos containing building materials (ACBM) in each facility within the performance work statement (PWS) of this contract. The applicable GSA Property Manager shall provide information from the HAZMAT Assessment to the Contractor upon request.

21.2 All contract employees working in buildings containing ACBM shall receive, at a minimum, Asbestos Awareness Training. This training shall be based on the requirements of OSHA Regulations 29 CFR 1926.1101 and 29 CFR 1910.1001, and EPA Publication 20T-2003, “Managing Asbestos in Place”, also known as the “Green Book”. For Contractor employees who may be required to impact, or otherwise disturb ACBM in buildings within the scope of this contract, more detailed asbestos training will be required. This may include a 16-hour Asbestos O & M course, or a 32-hour Asbestos Worker course, as applicable or required by regulatory jurisdiction. The Contractor shall be responsible for obtaining all required asbestos training within 30 days of contract start date and shall submit written certification for acceptance by the Contracting Officer that each such worker has been trained. The Contractor shall ensure that all employees, including replacement workers have received applicable training, and receive refresher course training at least annually thereafter.

21.3 The Contractor shall comply with methods prescribed in the National Institute of Building Sciences (NIBS) guidance manual entitled “Asbestos Operations & Maintenance Work Practices”. The Contractor may obtain a copy of this document from NIBS at the following URL link: http://www.nibs.org/pubsasb.html.

21.4 While the proposed services under this contract do not include routine exposure to blood-borne pathogens, the scope of services may occasionally include the cleanup of human blood or other potentially infectious materials, which may result from routine building occupancy. The Contractor shall provide all equipment and services required to fully comply with the requirements of the blood-borne pathogen standard, listed in 29 CFR 1910.1030 in performing these tasks. These services will not include the disinfecting of building first aid centers (health units), Military Entrance Processing Centers or other operations, which routinely generate potentially infectious materials, or the handling of biological wastes generated within the applicable occupancies.

Occupant Complaint Program

22.1 The Government will monitor customer complaints as a means of assisting in documenting certain kinds of service problems. This will be considered in evaluating a Contractor’s performance and exercising of future options.

22.2 Excessive complaints may result in the Government invoking termination rights.

22.3 In addition to monitoring complaints, the Government will occasionally survey the tenants to ascertain the satisfaction level of the Contractor’s work. The Contractor will be provided results of all tenant surveys.

22.4 In the event a tenant requests work not covered by the contract, Contractor shall refer tenant to the COR.

22.5 In addition to the above, a Government representative will make periodic walk-through of the building and other areas covered by this contract with the Contractors representative when possible, to ascertain the level of services being performed. The Contractor will be notified in writing of any deficiencies noted.

Post Award Evaluation of Contractor Performance

23.1 The successful offeror on this contract will have performance evaluated throughout the life of the contract. The evaluation(s) may be used to determine suitability for future Federal contracts. The Contractor will have the opportunity to review and comment on the evaluation(s).

a.

Contractor Performance Evaluations (1) The General Services Administration, Public Buildings Service, will be using the Contractor Performance System (CPS) to collect, maintain, and disseminate Contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15.

(2) The CPS is a Federal multiple agency, web-based system that allows Contractors to access interim and final evaluations electronically for review and comment following registration in the system.

(3) A final performance evaluation will be prepared on this contract at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared annually (to coincide with the anniversary date of the contract) and may be done at any time when there is a significant change in performance.

(4) Access to interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

(5) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by all participating CPS Federal Agencies to support future award decisions.

b.

Electronic Access to Contractor Performance Evaluations (1) Contractors must register in order to access interim and final evaluations electronically. You may register using the following website: https://cpscontractor.nih.gov. To register, simply logon and click on the “Register Here” link. This site provides instructions on how to register and offers computer-based training for contractors through the “CPS Contractor On-Line Training” hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered Contractors for review 30 days from the date the evaluation is sent.

(2) For those Contractors who choose not to register or are unable to register electronically, please notify your Contracting Officer of the representative designated by your firm to receive a copy of the evaluations for comment. This individual will receive copies of your organization’s evaluations by regular mail services. It will be the Contractor’s responsibility to ensure that the Contracting Officer receives any comments your company may have within the period identified by the Contracting Officer. Comments after the specified period will not be accepted, unless an extension is requested of the Contracting Officer and is granted.

Federal Acquisition Regulation (FAR) Clauses

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X

52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(12)

52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(13)

52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(14)

52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

(17)

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(23)

52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(26)

52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b)

(28)

52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

(30)

52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(31)

52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(32)

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(33)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

(34)

52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(35)

52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f))

52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(37)

52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

(39)

52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.).

52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4)

52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5)

52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41

U.S.C. 351, et seq.).

(6)

52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

U.S.

(7)

52.237-11, Accepting and Dispensing of $ Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

The Government contemplates award of a Firm Fixed Price Indefinite Delivery, Indefinite Quantity contract resulting from this solicitation.

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2008 through September 30, 2017.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after November 30, 2012.

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class

Monetary Wage-Fringe Benefits

General Maintenance Worker (WG-8)

$22.37

HVAC Mechanic (WG-10)

$24.38

% OF HOURLY AS FRINGE

Retirement

20.4%

Life & Health Insurance

3.7%

Workman’s Compensation

1.9%

Sick leave provided by law:

Paid Holidays provided by law:

Vacations or paid leave provided by law: (1) two hours of annual leave each week for an employee with less than three (3) years of service; (2) three hours of annual leave each week for an employee with three (3) but less than fifteen (15) years of service; (3) four hours of annual leave each week for an employee with fifteen (15) or more years of service.

Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the…